February 1st • 3h 9m
Shownotes
Every new episode of No Agenda is accompanied by a comprehensive list of shownotes curated by Adam while preparing for the show. Clips played by the hosts during the show can also be found here.
First Amendment
Constitutional Press Freedom
Constitutional Freedom of the Press: Intent, Definition, and Limits
[!SUMMARY]
From a constitutional perspective, the "Freedom of the Press" protects the function of publishing rather than a specific industry of journalists. The Framers' primary intent was to abolish "prior restraint" (government censorship before publication), acting as a check on power. While the press enjoys robust protections regarding what it publishes—even if false regarding public officials (absent malice)—it has no special immunity from general criminal laws (trespass, hacking) during the newsgathering process.
The Framers' Intent: "No Prior Restraint"
The core legal theory behind the Press Clause is the rejection of the British licensing model. The Framers viewed the press as a structural necessity for a republic—a "watchdog" mechanism.
Abolishing Licensing: In 18th-century England, the Crown required licenses to operate a printing press. The First Amendment was designed to ensure the government could not block information *before* it reached the public.
Checking Power: James Madison and Thomas Jefferson championed the press as a "bulwark of liberty" essential for holding officials accountable.
Hamilton's Counter-Argument: In *Federalist No. 84*, Alexander Hamilton argued against a Bill of Rights, fearing that defining "liberty of the press" was impossible and that the federal government had no power to regulate it anyway. The Bill of Rights was added to explicitly remove that regulatory power.
Legal Definition: Who is "The Press"?
Constitutional law treats the press as a technology, not a credentialed class of professionals.
Functional Definition: "The Press" originally referred to the physical printing press. Today, it encompasses the *function* of disseminating information to the public.
The "Lonely Pamphleteer": In *Branzburg v. Hayes (1972)*, the Supreme Court noted that the First Amendment protects the "lonely pamphleteer" as much as the large metropolitan publisher.
Modern Application: This definition extends to:
Bloggers
Podcasters
Citizen journalists
Legacy media outlets (*NYT*, *CNN*, etc.)
Legal Powers and Restrictions
What the Press CAN Do (Protected Rights)
Publish Classified Info (Usually): Under *New York Times Co. v. United States (1971)* (The Pentagon Papers), the government generally cannot issue an injunction to stop publication unless it proves an immediate, inevitable, and catastrophic event (e.g., revealing active troop movements).
Criticize Public Officials (Even with Falsehoods): Under *New York Times v. Sullivan (1964)*, the press can publish false statements about public officials unless they act with "Actual Malice" (knowledge of falsity or reckless disregard for the truth).
Access Criminal Trials: To ensure fairness, the press generally has a right to attend criminal proceedings (*Richmond Newspapers v. Virginia*).
What the Press CANNOT Do (Restrictions)
The First Amendment is not a "Get out of Jail Free" card. It shields the *publishing*, not the *gathering* if crimes are committed.
Commit Crimes to Gather News: Reporters cannot trespass, break and enter, wiretap, or hack digital systems.
Refuse Federal Grand Jury Subpoenas: While many states have "Shield Laws," there is no federal shield law. In federal court, a reporter can be jailed for refusing to reveal a source if subpoenaed (*Branzburg v. Hayes*).
Defame Private Citizens: Private individuals have a lower burden of proof than public officials in libel cases. Negligence is often enough to win a suit against the press.
Incite Imminent Lawless Action: Speech intended to and likely to cause immediate violence is not protected (*Brandenburg v. Ohio*).
Publish Obscenity: Material meeting the Miller Test for obscenity acts outside First Amendment protection (*Miller v. California*).
*
The Lemon Test
Case Study: Don Lemon & The Minneapolis Church Protest
The January 2026 arrest of Don Lemon for his involvement in a protest at Cities Church in St. Paul, Minnesota, serves as a real-world application of the "Conduct vs. Speech" distinction. While Lemon argues he was exercising Freedom of the Press (functioning as an observer), federal prosecutors argue he engaged in unprotected conduct (trespass and disruption of religious worship on private property), violating the FACE Act.
The Incident vs. The Legal "Press" Function
The Event: On January 18, 2026, Don Lemon entered Cities Church (private property) along with protesters who were demonstrating against the pastor's affiliation with ICE. Lemon livestreamed the event, claiming he was there solely to document the news.
Legal Conflict:
Lemon's Argument (The Functional Press): Lemon relies on the definition of the press as a *function*. He argues he was acting as a "watchdog," documenting a public interest story (a protest against a public official).
The Government's Argument (No Immunity): Prosecutors argue Lemon crossed the line from *observer* to *participant*. By entering private property without permission and allegedly "peppering the pastor with questions" during a service, they claim he was not just reporting news, but creating the disruption.
Applying the "What the Press CANNOT Do" Rules
The charges against Lemon (Conspiracy against rights and violating the FACE Act) hinge on the limitations detailed in the constitutional breakdown:
Private Property & Trespass: The First Amendment protects publishing, not entering. Cities Church is private property. As noted in the legal breakdown, journalists—whether "lonely pamphleteers" or former CNN anchors—have no constitutional right to enter private property without consent, even if a newsworthy event is happening inside.
"General Applicability" Laws: The Supreme Court has ruled (*Cohen v. Cowles Media*) that the press must obey the same laws as everyone else. If a non-journalist can be arrested for disrupting a church service, a journalist can be too. The "Press Pass" is not a shield against trespassing charges or the FACE Act (which specifically prohibits blocking access to or disrupting religious worship).
Conduct vs. Content: The government is not trying to stop Lemon from *publishing* the video (no Prior Restraint). They are punishing the *method* of newsgathering (the physical intrusion and disruption).
The "Institutional" Distinction
This case highlights the modern blurring of lines between "activist" and "journalist."
The Prosecution's View: By allegedly joining the mob's movement into the church and engaging with the pastor confrontationally, the government argues Lemon forfeited his "observer" status and became a co-conspirator in the disruption.
The Precedent: Courts generally look at the *conduct*. If a reporter accompanies burglars into a home to "document" the burglary, the reporter can be charged with trespassing. Similarly, entering a church to "document" a service disruption can lead to charges if the reporter's presence contributes to the interference with worship.
Epstein
Epstein files Trump Howard Lutnick Steve Tisch among prominent names that appear in latest Justice Department release
Marko Ahtisaari named in Epstein files Yle News Yle
Marko Ahtisaari named in Epstein files | Yle News | Yle
## Excerpt
Marko Ahtisaari has acknowledged meeting the late sex offender Jeffrey Epstein.
Big Tech AI and The Socials
A TV ad group wants YouTube to clean up its slop
CISA Chief Uploaded Sensitive Documents into Public ChatGPT
CISA Chief Uploaded Sensitive Documents into Public ChatGPT
## Excerpt
The acting director of the Cybersecurity and Infrastructure Security Agency (CISA) uploaded sensitive contracting documents marked "for official use only" into the public version of ChatGPT last summer, triggering multiple automated security alerts designed to prevent data exfiltration from federal networks, four Department of Homeland Security (DHS) officials told Politico.
ClawdBot is Claude opus + Telegram wrapper + cron
moltbook - the front page of the agent internet
moltbook - the front page of the agent internet
## Excerpt
A social network built exclusively for AI agents. Where AI agents share, discuss, and upvote. Humans welcome to observe.
YouTube has banned some slop channels. Can it stay ahead of low quality AI content - Tubefilter
YouTube has banned some slop channels. Can it stay ahead of "low quality AI content"? - Tubefilter
## Excerpt
YouTube wants to address its rampant AI slop issue. How will that crackdown line up with its own AI-related products?
ICE
Walkout for ICE Update in Santa Barbara
I work at the University of California Santa Barbara. On friday (1/30/26) there was a scheduled "strike" to protest ICE. Students were wanting to cancel/move classes to accommodate this. One teaching assistant was questioned why they didn't change class times to allow students to not come to class, the TA reminded them that they wouldn't get the points for the quiz that day. Suddenly, the students were not interested in the walk-out since it might affect their grade. Their moral convictions seem to be related to their GPA! This week in Santa Barbara there have been ICE protests and a women was pepper sprayed by ICE for getting in between the agent and subject. The people organizing the protest are mad at the local police for not stopping ICE and effectively allowing them to operate. This resulted in a flag being spray painted and hung in front of the station saying "fuck the police". People are losing their mind but I am sane thanks to No Agenda!
Keep up the good work. Look out for a donation from me in the mail.
Dr. Jacob
Qatar
Charles A. Small - Wikipedia
Charles A. Small - Wikipedia
## Excerpt
From Wikipedia, the free encyclopedia
Tip of The Day
Celebrating Rhubarb with BKF - Bar Keepers Friend
Celebrating Rhubarb with BKF - Bar Keepers Friend
## Excerpt
If it weren't for rhubarb, Bar Keepers Friend wouldn't exist. We'd like to take a moment to celebrate rhubarb with a mini-BKF history lesson.
Transmaoism
Increase in Congenital Toxoplasmosis During the COVID-19 Pandemic in the US
Increase in Congenital Toxoplasmosis During the COVID-19 Pandemic in the US
## Excerpt
During the COVID-19 pandemic, prenatal care services were disrupted. We analyzed the trajectory slopes of cases of congenital toxoplasmosis (CT) and acute toxoplasmosis during pregnancy from 2019 to 2022 (to reflect the cases during the pandemic years 2020–2022) vs. 2000 to 2019, using data from the Remington Laboratory, the National Reference Center for Toxoplasmosis in the US. During the pandemic, there was a statistically significant upward trajectory in the yearly number of CT cases. Monitoring of this trend is needed.
Jury Awards Detransitioner $2 Million In Historic Medical-Malpractice Lawsuit National Review
Jury Awards Detransitioner $2 Million In Historic Medical-Malpractice Lawsuit | National Review
## Excerpt
Fox Varian had sued her New York-based psychologist and plastic surgeon for facilitating her gender-transition double mastectomy in 2019.
U.S. Toxoplasmosis Trends 2000–2022
U.S. Toxoplasmosis Trends: 2000–2022
[!SUMMARY]
While the overall prevalence of Toxoplasmosis in the U.S. has declined significantly since 2000, recent data from the Remington Laboratory highlights a concerning "pandemic pivot." Between 2020 and 2022, the trajectory of Congenital Toxoplasmosis (CT) reversed from a long-term decline to a statistically significant increase, likely due to lifestyle shifts and healthcare disruptions during the COVID-19 era.
Sources:
Trump
Melania Trump Documentary Breaks Box Office Debut Record, But Only Earns A Fraction Of Its Huge Budget
Melania Trump Documentary Breaks Box Office Debut Record, But Only Earns A Fraction Of Its Huge Budget
## Excerpt
The Melania Trump documentary breaks a years-old box office record with its domestic debut, but struggles to make up for its huge budget.
USD BTC STABLE COIN
Who Is Kevin Warsh, Future Federal Reserve Chair
Who Is Kevin Warsh, Future Federal Reserve Chair?
## Excerpt
Donald Trump is preparing to nominate Kevin Warsh, son-in-law of Ronald Lauder and former steering committee member of the Bilderberg Group, to be the next Federal Reserve chair. He's structurally sound, supports Crypto, and wants to clean up the Fed. The New Republic: Initially, there were two
Clip Sources
VIDEO - “Hollywood farce” Melania Trump's documentary panned before hitting theatres - YouTube
“Hollywood farce”: Melania Trump's documentary panned before hitting theatres - YouTube
## Excerpt
Amazon's multi-million documentary about U.S. First Lady Melania Trump is already being panned ahead of its official theatrical release. ‘Melania’ documents ...
VIDEO - Actress Jane Fonda Riles Up Crowd Protesting in Support of Don Lemon 'They Arrested the Wrong Don' - YouTube
Actress Jane Fonda Riles Up Crowd Protesting in Support of Don Lemon: 'They Arrested the Wrong Don' - YouTube
## Excerpt
Jane Fonda riled up agitators outside the LA courthouse on Friday, throwing her support behind fired CNN anchor Don Lemon who was arrested for his involvemen...
VIDEO - China’s High-Speed Rail World's Strongest CO2 Levels in Cars Top the World, Causing Dizziness - YouTube
China’s High-Speed Rail: World's Strongest? CO2 Levels in Cars Top the World, Causing Dizziness - YouTube
## Excerpt
Why does riding the high-speed train in China make you feel drowsy? Why do you often feel dizzy or nauseous? Why do many people get infected with COVID-19 or...
VIDEO - Colorado students walk out of school Friday amid national strike 9news.com
Colorado students walk out of school Friday amid national strike | 9news.com
## Excerpt
A national strike and protests against ICE activity in communities are scheduled across the country, including metro Denver, on Friday and Saturday.
VIDEO - Democratic states seek to hike taxes on the wealthy
VIDEO - Harvey Levin on Don Lemon arrest
VIDEO - Iran explosions
VIDEO - Iran warns US against military action amid tentative negotiations • FRANCE 24 English - YouTube
Iran warns US against military action amid tentative negotiations • FRANCE 24 English - YouTube
## Excerpt
Iran's top security official said Saturday that progress had been made towards negotiations with the United States, even as the Islamic republic's army chief...
VIDEO - Journalist Don Lemon arrested after protest that disrupted Minnesota church service - YouTube
Journalist Don Lemon arrested after protest that disrupted Minnesota church service - YouTube
## Excerpt
Journalist Don Lemon and three other people were arrested Friday in connection with an anti-immigration protest that disrupted a service at a Minnesota church.
VIDEO - Paid protestors
VIDEO - Trump nominates Kevin Warsh for Fed chair - YouTube
Trump nominates Kevin Warsh for Fed chair - YouTube
## Excerpt
Trump said his pick to replace current Chairman Jerome Powell is an 'outstanding person and a person that won't be too surprising to people.'
VIDEO - Trump, Musk cited in new batch of Epstein files released by US DoJ • FRANCE 24 English - YouTube
Trump, Musk cited in new batch of Epstein files released by US DoJ • FRANCE 24 English - YouTube
## Excerpt
The US Justice Department has released more than 3 million pages of records from its investigative files on Jeffrey Epstein, resuming disclosures about what ...
VIDEO - Trump's Greenland takeover ambitions a 'wake-up call' for Europe, Dutch PM-elect says - YouTube
Trump's Greenland takeover ambitions a 'wake-up call' for Europe, Dutch PM-elect says - YouTube
## Excerpt
Trump's Greenland takeover ambitions a 'wake-up call' for Europe, Dutch PM-elect saysCentrist D66 leader Rob Jetten emphasised the need for stronger European...
VIDEO - UN faces 'imminent financial collapse' Guterres calls on member states to pay their dues - YouTube
UN faces 'imminent financial collapse': Guterres calls on member states to pay their dues - YouTube
## Excerpt
The United Nations Secretary General has sent a letter to member states warning that the organisation is in grave financial shape.Antonio Guterres says money...
